SMITH, J.
This is an appeal by the defendant, appellant herein, from a judgment of the Shelby Circuit Court in an action brought to recover damages for personal injuries alleged to have been sustained while the appellee was riding as a paying passenger in the appellant's taxicab.
The facts as alleged in the complaint are as follows. About 4:00 a.m. on Sunday morning, October 9, 1960, the appellant's taxicab, driven by one Robert Mitchem, picked up the appellee...
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